PREPARATION OF HERITAGE BYE LAWS FOR THE PROHIBITED AND

REGULATED AREAS OF ASI PROTECTED MONUMENTS

Pataleshwar Caves
Pune

Submitted to

Archaeological Survey of India (ASI)

Prepared by

Indian National Trust for Art and Cultural Heritage

July 2012
CHAPTER 1

1.1 INTRODUCTION

The Pataleshwar Caves (referred to as Bhamburda Caves in the ASI notification) dug in the
8th century lie in one of the busiest areas of the central part of Pune city. The site abuts a busy
junction and lies in the midst of a predominantly residential and institutional area. Nearby the
site is the old Gothan of Bhamburda.

The caves, today an active place of worship, lie below the surface of the surrounding ground
(hence the name) and are fronted by a sunken court at the end of a walkway from the road.
Nothing of the caves is seen from the road or the surrounding areas except from high places
on the plots immediately abutting it. A dense canopy of trees covers the site.

1.2 OBJECTIVE

While the overall objective of the bye laws is to protect the monument and its context, a few
specific objectives of this exercise are identified as follows:

1. Protecting the geological strata of and around the monument

2. Protecting the surface water drainage of and around the monument
3. Regulating the water content of the strata of and around the monument
4. Minimising pollution related deterioration of the monument
5. Preserving the environmental context of the monument
6. Identifying permissible compatible changes in the physical environment around the
monument

1.3 METHODOLOGY

The following methodology was followed for framing the bye laws:

1. Stating the significance of the monument

2. Identifying the possible elements of deterioration of the monument and their causes
3. Surveying the area around the monument, especially the Prohibited and Restricted
zones
 4. Documenting the physical ground conditions as well as the prevailing development
control rules and development plan provisions those might affect the monument
adversely.
5. Detailing the cause- effect relationship between the documented conditions above and
the deterioration of the monument
6. Framing specific bye laws to arrest the deterioration and ensure the monuments life,
quality and experience.
7. Identifying concerns with new development and framing guidelines for future
development to be taken cognizance by the local planning and regulating authority.

CHAPTER 2

2.1. Brief historical background

The Pataleshwar caves, also referred to as Bhamburda Caves in the ASI notification of 1909
were dug during the reign of Kalchuri Rashtrakuts in the 8th century CE. The cave temples of
Bokardan and Rudreshwar in Aurangabad, those in Ambejogai, Kharusa in Latur and
Bhandak in Chandrapur were also built under the same patronage between the early 8 th and
the end of the 10th century CE as was the more famous Kailas at Ellora.

Pune as a town only started growing from the 17th century onwards when Chatrapati Shivaji
came to settle here with his mother Jijabai. The town thereafter became the home of the
Peshwas in the 18th century and developed into a sizeable urban centre during the reign of
Peshwa Nanasaheb alias Balaji Bajirao. Somehow, the Pataleshwar caves do not find a
mention as a major place of worship during this period. Many temples, including many
dedicated to Shiva, were built in Pune during this period. But there is hardly any mention of
Pataleshwar caves.

James Fergusson in his book Cave Temples of India published in 1880 CE mentions
Pataleshwar Caves. The other historical association with the site is that of a holyman Jangli
Maharaj (the King of the Jungle) who meditated in the forest near Bhamburda village. After
his death in 1890, his disciples built a Samadhi next to the Pataleshwar Caves.

As of today, the Samadhi of Jangli Maharaj has grown to a temple complex with a fair
amount of visitors daily. The tree cover in the area is considerable compared to the
surroundings but by no means does one get an idea that this area may once have been a
forest. The terrain too has changed a lot due to cutting of the rocky patches and extensive
building activity.

2.2. Description of Monument & the site

The cave is cut in a low rocky outcrop such The sunken forecourt is large and contains
that it is an underground space. Thus, nothing the monolithic Nandi Mandap carved from
of it is seen even from within the site till one live rock. The longer side of the cave fronts
reaches the steps that lead down to its the court.
forecourt.
The cave consists of five longitudinal bays. The sanctum sanctorum is an enclosed room
Three bays of colonnades front the fourth bay holding the diety. It has a single entry
with two sanctum sanctorums. The fifth bay marked by a pronounced and robust door
serves as the circumambulatory path. frame in stone.

The fifth bay is unfinished at its northern The columns are on a grid. A strip base
end. This is also the darkest bay. Its presence receives all columns in the longitudinal
is important for the sanctum sanctorums to direction thereby emphasising the length of
stand as detached rooms inside the cave. the interior space.

The interiors receive filtered light from its The chief deity of the temple is Shiva and is
long front. The front three aisles are well lit actively worshipped. There is a continuous
with natural light. trickle of devotes throughout the day.

The Pune region sits on the plateau immediately abutting the Western Ghats. The ridge of the
Western Ghats here is not very steep. Hence, many trade routes passed through this area
linking ports in the Kokan region to trade centres on the Deccan plateau. Trade routes were
often associated with Buddhist rock cut sites and this region is dotted with them. The well-
known sites of Karla and Bhaja are at a distance of not more than 50 km from the current
Pune city where the Pataleshwar caves are located.

Pataleshwar is an example of Hindu rock cut temple. It is 30.5 m wide x 48.8 m deep out of
which a 30.5m x 30.5 m portion forms an open to sky court. The plan is organised as five
horizontal tiers of long aisles. The first aisle fronts the open court and is divided into 9 bays
while the fourth aisle contains three sanctum sanctorums. The cave temple is devoid of any
sculptural adornment. Traces of panels depicting scenes from Shaiva and Vaishnav
mythology are seen. A unique feature is the free standing circular Nandi Mandap in the court
supported on 12 columns. The work seems incomplete since there are incomplete portions
left at the rear and sides of the cave.

The cave faces the East as was the convention for a Hindu temple. At the time it was made,
the land must have gradually sloped from the caves to the two rivers which are nearby.
Today, this context has become obscure due to the extensive development that has happened
around the site.

The value of the cave is in its antiquity, as a link in the progressive development of Hindu
cave temples and its unique Nandi Mandap. It is also rare that a cave temple is carved in such
a low lying rock outcrop so that it may be classified as an underground temple.

The only access to the site is through the busy Jangali Maharaj Road. The site has a high
compound wall with two small gates. The gates open on a narrow footpath that is usually
flanked by dense parking. A bus stop also abuts the compound wall. Traffic flows at a
distance of a few paces of the gate. Since the cave is below ground and the road side edge of
the site is crowded with parking, the site is hardly noticeable from the road. There are many
passer-bys who are unaware of this site.

2.3. Notification Details and drgs

No 1230- In exercise of the powers conferred by sub-section (1) of section 3 of the

Ancient Monuments Preservation Act, 1904 (VII of 1904), the Governor in Council is
pleased to declare the following ancient monuments in the Poona District to be
protected monuments within the meaning of the said Act:-

Serial No. Place where the monument is Name or Class of

situated description of monument or
the monument other remarks
Taluka Town or village

11 Haveli Poona The Cave II (a)

Temple of
Bhamburda
2.4. Significances

Architectural Significance:

Cave temples in this region are usually carved on natural or manmade scarps of hills.
Pataleshwar though is carved in a rocky outcrop on land that does not rise even a few meters
above its surroundings. It is a rare example of a cave temple carved in such a low lying rock
outcrop that it may be classified as an underground temple. It is an improvisation on the plan
of a cave temple since it achieves its large size with a larger width than depth thereby
improving the light penetration inside.

Historical Significance:

It belongs to the 8th century CE and is contemporary with a lot of other significant caves in
Maharashtra including Ellora. It is associated with the Kalchuri Rashtrakuts who were the
most powerful rulers in this region at that time. The caves are much older than the city of
Pune and its other historical monuments.
Archaeological Significance:

This 8th century CE cave temple was carved out during the reign of the Rashtrakuts in this
region. It is carved unusually, below the ground surface and hence its name Pataleshwar. The
cave shows traces of sculpted panels depicting mythological scenes but all of these are badly
weathered. The original context of the cave temple is also lost due to extensive urban
development surrounding it, thus leaving it to conjecture.

Cultural Significance:

The site is an active place of worship. Special occasions related to Shiva, who is the principal
deity herein are celebrated in the premises. Especially grand is the celebration of Tripuri
Poornima when the entire campus is lit up with thousands of oil/ wax lamps.

Geographical Significance:

The temple is carved in a rocky outcrop of local basalt rock. The location is near the
confluence of two rivers viz Mula and Mutha towards which the land slopes gently from the
site. The site was originally a part of a forest but the original context has long been lost.

Technological Significance:

It is a large cave carved out by hand tools using manual labour. The free standing Mandap
carved out of monolithic rock in the front court is a significant feat and predates the
freestanding structures carved at Ellora.

2.5. Vision statement

Protection of the site from all kinds of deterioration and re-establishing some semblance of its
original context despite its location in today’s urban centre.
CHAPTER 3

Present day situation analysis

3.1. Assessment of (1) historic, (2) archaeological, (3) Architectural and (any other)
context of the monument / site

Historic

The Pataleshwar caves, also referred to as Bhamburda Caves in the ASI notification of 1909
were dug during the reign of Kalchuri Rashtrakuts in the 8th century CE. The other historical
association with the site is that of a holyman Jangli Maharaj (the King of the Jungle) who
meditated in the forest near Bhamburda village. After his death in 1890, his disciples built a
smadhi next to the Pataleshwar Caves.

As of today, the Samadhi of Jangli Maharaj has grown to a temple complex with a fair
amount of visitors daily. The tree cover in the area is considerable compared to the
surroundings but by no means does one get an idea that this area may once have been a
forest. The terrain too has changed a lot due to cutting of the rocky patches.

Archaeological

This 8th century CE cave temple was carved out during the reign of the Rashtrakuts in this
region. It is carved unusually, below the ground surface and hence its name Pataleshwar. The
cave shows traces of sculpted panels depicting mythological scenes but all of these are badly
weathered. The original context of the cave temple is also lost due to extensive urban
development surrounding it, thus leaving it to conjecture.

Architectural

The cave is valuable for its antiquity, as a link in the progressive development of Hindu cave
temples and its unique Nandi Mandap. It is also rare that a cave temple is carved in such a
low lying rock outcrop so that it may be classified as an underground temple. Being a rock
cut edifice, the threat is any problem to the rock strata, to the drainage pattern, weathering of
the live rock and any irreversible intervention in the site. No other architectural structure or
remain from this era exist nearby the cave. Even the natural context of the cave is lost.
3.2. Delineation of Prohibited and Regulated area around the Notified area and brief
description of the surrounding:

Diliniation of the Prohibited and Regulated areas.

The Prohibited Area within the distance of 100m from the edge of the site and the Restricted
Area at a further distance of 200 m from the Prohibited Area is marked on the following
figure.

The Northern edge of the site abuts public buildings- viz the Shivajinagar Post Office and the
Shivajinagar Telephone Exchange. The rest of the Northern edge along with the entire
Western edge is defined by compound walls of neighbouring residential plots. The area is
planned and plot sizes are large. Originally, it was planned for individual houses but most
have them have now been converted to walk-up apartment blocks. The Southern edge is fully
shared with the large plot of the Jangli Maharaj Samadhi. A modest structure sits on this plot
leaving majority of the land as open space shaded by tall canopy trees. The 30m wide Jangli
Maharaj Road defines the Eastern edge of the site. This is one of the busiest roads in the city
and is dotted by off-street parking bays and commercial establishments.

The Nothern side of the Prohibited Area comprises of residential walk up apartments and a
portion of the plot having the hostels of the College of Engineering, Pune. The Western and
the Southern portion of the Prohibited Area too comprises of residential walk ups in addition
to the temple of Jangli Maharaj. The Eastern portion of the prohibited area contains mixed-
use buildings of less than 16m height except one that is @20m.

The Restricted Area on the Northern side covers the hostel plots of the College of
Engineering, Pune where construction of a high-rise (@36m) hostel block is nearing
completion. The North-Eastern part of the Restricted Area has a large campus of the office of
the Meteorological Survey of India, their main building being a listed Grade I heritage
structure of the Pune Municipal Corporation. The Western and South- Western portion of the
Restricted Area comprises of a few walk-up apartments. A major portion of this area belongs
to the Police Department with a few residential and office buildings and open air stores,
vehicle yards, etc. All structures in this plot are low rise and hardly visible from anywhere
outside. The Southern portion of the Restricted Area covers the plot of the Modern High
School which is a large 4 storeyed stone building along with some new 4 storeyed buildings
added along the periphery. The Southern and the South-Eastern portions of the Restricted
Area cover a large part of the Bhamburda Gaothan characterised by dense buildings of not
more than 4 storey in height but with shared walls and abutting winding and narrow roads.
The area is predominantly residential with small ground floor shops mostly for daily
convenience and supporting the activities on the Jangli Maharaj Road. The Eastern portion of
the Restricted Area covers the edge of the Bhamburda village that has developed into
commercial buildings, though still less than 3-4 storey. It also covers the institutional campus
of the Shri Shivaji Preparatory Military School and a small portion of the District Court
campus. The North-Eastern portion is the building 3 storey building of the Institute of
Engineers and beyond that is the cricket ground of the College of Engineering, Pune.

Three major roads pass through the Restricted and Prohibited Areas viz the Jangli Maharaj
Road, the Shivaji Road and the median of the Ganeshkhind Road. All are major arteries of
the city. The Jangli Maharaj and the Shivaji Road cross each other in the Prohibited area
while the others cross each other in the Restricted Area. There have been proposals to run
Metro/ Monorail lines on these roads and flyovers/ underpasses are being built and planned
too.

Prohibited Area:

The immediate neighbour on the South of the Immediately outside the premises on the East
site is the temple of Jangali Maharaj. This is the Jangali Maharaj road, one of the busy
vernacular temple also sits on a rocky arteries of the city.
outcrop that is a few meters higher than the
one in which the Pataleshwar caves are dug.

The Prohibited area of the Jangali Maharaj The Shivajinagar post office is one of the
road has mixed use buildings not more than immediate neighbours of the cave.
16m in height.
The Shivaji road on the North is a busy artery The North and the West boundary of the site
and falls in the Prohibited area. is shared by residential plots.

Most of the buildings in the northern and The Southern edge of the Prohibited area is
Western residential area are private marked by a small road leading to the
bungalows. A few have been converted to residential area on the site’s west. Various
walk-up apartment buildings. kiosks have sprung up on this road.

Restricted Area:
Commercial development on the Northern College of Engineering Grounds
boundary of the Restricted area.

Shree Shivaji Preparatory Military School on The Bhamburda Gaothan forms the major
the Eastern edge of the Restricted area. portion of the southern edge.

The Jangali Maharaj Road passing through The WIE sports complex near the Modern
both, the Prohibited and Restricted areas. highschool compound on the south-western
edge.
3.3. Assessment of physical and visual environmental quality of the surrounding

3.3.1. Landuse

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

Landuse The site falls in a planned area of the city Positive Impact: Prohibited Area:
and therefore has defined and regulated
Since the area is planned and Conversion of institutional/ public- semipublic or
landuse and planned infrastructure. The
landuse is designated in the green areas to residential or commercial not
area in the immediate vicinity of the site is
development plan, there is little permitted. Conversion of residential to commercial
residential. Earlier, it was occupied by G+1
chance of unplanned growth and landuse not permitted.
storey private houses most of which have
encroachment.
given way to 3 to 5 storey apartment Residential Area to remain completely residential
blocks. The Jangli Maharaj road being a Being a predominantly institutional without exception. Mixed use development to be
busy road has steadily shown an increase area, the density of resident restricted to Jangli Maharaj road. Mixed use to
in commercial development, especially population is low. Also, consist of 75 % Residential Use and 25 %
offices, showrooms and eateries. Some commercial activity is restricted as Commercial Use.
plots in the restricted zone are earmarked also is pollution. Institutional areas
Restriction on introduction of new landuse that
for commercial development. A majority as of today also offer a large
may be harmful to the monument.
of the area in the restricted zone is portion of un-built open area that
institutional but in the recent years, two of can be potentially green. FSI, height and footprint restrictions to ensure

these institutions have shown a spur in volume and mass distribution of the built
Negative Impact:
 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

building activity, the most recent being the environment.

The commercial landuse proposed
10+ storey hostel building of the College
along the main roads generates a lot Control on TDR usage in the area.
of Engineering in the restricted zone. The
of parking requirement, most of
Bhamburda Gaothan classified as Service ducts and pipelines to follow restrictions on
which is accommodated along the
congested area and with a different set of excavation.
road side.
building bye laws also falls within the
Control on solid waste storage and collection
restricted zone. Historically, this has been Residential plots in the planned
centres in Prohibited Area.
a low rise area but recent buildings have area are large and profitable for real
risen to 5 storeys. estate development in the form of No road/ rail building activity that violates
apartment buildings or hotels. This excavation norms stated above.
Parking is a major problem in the area.
will increase the population
Virtually all streets have off street parking Any transport plan that will in effect increase the
density, traffic and supporting
that is almost full at all times. The traffic traffic load on the roads in the Prohibited Area is
component of commercial activity.
has increased so much that major roads not allowed.

have been designated as one ways. There is Institutions will grow and build up No road widening in the Prohibited Area.
a lot of traffic generated noise and smoke. their open areas. These could take
the form of undesirable high rise Restriction on introduction of any mass rapid
Being a planned area for most part, the
developments like the one transit system that requires construction above or
water and drainage lines are laid
happening in the compound of below ground in the prohibited area except relaying
underground and supply each plot of land. of road surface.
engineering college hostels.
With the increase in the occupancy of the

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

area, the old service lines will soon be

The EWS reservation on the South-
needed to be replaced with larger ones.
West part of the restricted area is a
potential land for large scale high
FSI residential or mixed use
development.

Road projects like flyovers though

not a part of the current DP may be
proposed especially at the major
crossroads in the prohibited and
restricted zones. An underpass has
recently been constructed just at the
edge of the restricted zone on
Ganeshkhind road.

A metro project is also being

discussed for the city and though
the DPR is not published yet, the
newspaper announcements
mentioned Jangli Maharaj road as
one of the routes for the overhead
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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

metro. This will pass through both,

the prohibited and restricted zones.
A metro will be a threat not only in
the construction phase due to the
large scale excavation needed in the
prohibited zone which will disturb
the strata, but also in the operation
phase due to the vibrations it will
create in the ground. Other than
that, it will be a visual mismatch for
a site whose context ideally should
be restored to some extent.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Residential Open Space Education Govt/ P-S Commercial Gaothan EWS

Landuse Map of Pataleshwar Surroundings

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

The Jangali Maharaj road has a mixed use development. Most One side of the Shivaji road abuts the hostels of the COEP while the
residences though have been converted to offices. other abuts the office of the meteorological department.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Commercial building on the junction of Ganeshkhind road and Jangali Institutional buildings of the SSPMS.
Maharaj road. This plot is marked for commercial development in the
development plan.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Bhamburda Gaothan is predominantly residential but main roads have Restaurants and eateries dominate the ground floors of most buildings
small shops on the ground floor. on the Jangali Maharaj road.

3.3.2. Community Profile -

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Community The site is an active temple. There is a Positive Impact: Prohibited Area:
Profile continuous trickle of devotees coming to
The relevance of the site to the No construction or installation- temporary or
this site. Special occasions related to
community is intact. There is permanent- that involves excavation is allowed.
Shiva, who is the principal deity are
vigilance from the community
celebrated here in the premises. Especially Any form of celebration/ event that generates noise
against misuse and vandalism.
grand is the celebration of Tripuri beyond 40 decibels is not allowed.
Poornima when the entire campus is lit up The neighbouring temple of Jangali
No tolerance zone for illegal hawkers.
with thousands of oil/ wax lamps. The site Maharaj shares some visitors with
due to its dense green canopy and lesser Pataleshwar thereby increasing Restricted Area:
noise levels as compared to the visitorship. Temporary installations may be permitted provided
surroundings is a favourite resting, sitting
The resident community and the they do not require excavation below 1m
spot for visitors and residents in the
users of the institutional campuses
Any form of celebration/ event that generates noise
vicinity.
around are largely educated and
beyond 40 decibels is not allowed.
The surrounding areas are institutional. informed. It could be expected that
No tolerance zone for illegal hawkers.
The cricket ground nearby belonging to the there would be a very remote
College of Engineering, Pune is sometimes possibility for unlawful activity es
given out for exhibitions and fairs. The from this community.
college has built a ten storey high hostel
Negative Impact:
building in one of its plots. The Modern

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Highschool is an old institution in the city

The people coming to surrounding
where hundreds of children study. The
area park their vehicles in front of
Badminton sports complex on its premises
the site leaving no space for visitor
is the venue for many state and national
parking nor proper pedestrian entry
level badminton tournaments. The Jangali
to the site.
Maharaj Road is a busy thoroughfare of
the city and is especially populated by a lot Informal vendors sometimes
of big and small eateries. There is also a occupy footpath space.
petrol pump opposite the site on this this
Over enthusiastic devotees may be
road. Comparatively, the Meteorological
sometimes dangerous.
Office campus is quiet and one with very
little public activity.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

The cave without the newly erected compound The premises are a favourite resting place of Celebrations at Pataleshwar.
wall was more accessible. people in the busy area.

3.3.3. Circulation System

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

Circulation The site is at the busy junction of two Positive impact: Prohibited and Restricted Area:
major arteries of the city. Due to heavy
Being along a busy road, the site is No widening of the roads passing through the
traffic, both these arteries have one way
very accessible. prohibited area at least till one junction beyond it
traffic. The restricted zone also has two
from where traffic of the remaining portion of the
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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

other major junctions- one of the Jangali widened road may be diverted.
Negative Impact:
Maharaj Road with the Ganeshkhind road
Footpaths to be at least 2.4m wide on both sides of
and one of the Shivaji road with the Roads need constant widening and
major roads and 1.5 m wide on all minor roads.
Ganeshkhind road. The junction of the after that may need two tiers to
Jangali Maharaj road with the accommodate growing traffic. They Underground or overhead metro/ monorail/ skybus
Ganeshkhind road has an underpass for thus become generators of noise, or any other modes of transport that entails
vehicles. A number of flyovers have been smoke and vibration which is construction other than surface roads is not allowed
built on the Ganeshkhind road and one harmful to the site. in the prohibited and the restricted areas. No
may be proposed on its junction with the flyover allowed in the prohibited area.
Road widening proposals will eat
Shivaji road in the future. There is also a
into the site. A no parking zone of 10m on either side of the
possibility of proposing a flyover on the
entrance to the site. Surface parking space
junction inside the prohibited area. Flyovers or metros will generate
exclusively reserved for visitors of the site to be
noise as well as their construction
A metro proposal mentions Jangali created near the site in the prohibited area and a
would entail large scale excavation
Maharaj Road as its route. This may pass safe pedestrian link between the parking and the
and disturbance to the strata
through both, the prohibited and the site to be provided.
thereby threatening the cave.
restricted area.
All development permissions for new buildings to
Pedestrian access to the site has
Pedestrian facilities in the area are very ensure adequate parking in their own premises.
become difficult and unsafe.
meagre and poor. There is hardly any
footpath outside the site. Parking has Lack of parking facilities

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

overtaken almost all the roadside space. discourages visitors.

The entry to the site is non-descript. It has

a double layer of street parking
surrounding it leaving very little
foreground to the gate. There is no sinage
except the mandatory ASI notices to
announce the site.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

The Jangali Maharaj road, now designated a one-way. The entry to the site is non-descript and often obscured by parked
vehicles.

A major junction of the Jangali Maharaj and Shivaji road the Ganeshkhind road is another major artery on the northern edge of
Prohibited area. the Restricted area.

3.3.4. Open spaces and Natural features

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Open Spaces The temple is carved out of a rocky Positive impact: Prohibited and Restricted Area:
and Natural outcrop. The stone is black basalt. The
A considerable green cover exists No excavation below 4.5 m in Prohibited Area and
Features outcrop rises towards the South and slopes
in the area with the possibility of 7.5 m in Restricted Area
towards the North so that the Jangli
adding more wherever appropriate.
Maharaj temple on the adjacent plot is a Excavation to be carried out only by traditional
few meters above the Pataleshwar temple. Negative Impact: hand tools. No blasting or machine breaking
Similar rocky outcrops are seen as traces in technique to be used.
The natural setting of the cave is
the immediate vicinity of this site. Though
nearly lost or obscured. Earth work that:
their connection and continuity has been
permanently destroyed due to development Construction activity disturbs the 1. Changes the natural ground level by more

activity. strata and the water table as also the than 1m

surface water drains. 2. Alters the natural slope of the land
The area demonstrates good vegetation
3. Alters the water drainage pattern of the area
cover. Large shade giving trees dot not Open grounds of institutions are
4. Alters the water table of the area
only the site but a large part of the area. sometimes used for public events
5. Alters the composition of the natural strata
The river is half a km away from the site. causing surge in traffic and related
pollution. Is not allowed in the prohibited area.
The site is surrounded by institutional
campuses with large open spaces. These No altering of the hard rock strata for any purpose

open spaces are of different sizes, use and including landscaping or road making is permitted.

character ranging from sports grounds to

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

unused plot areas. The residential plots on

No artificial recharging of the aquifer is permitted.
the West of the site also have a footprint of
max 50% of plot area and good green
cover.

The rock in which the cave is dug continues beyond the compound wall The adjacent rock on which the temple of Jangali Maharaj sits is a few
of the site. meters higher than the Pataleshwar temple.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

The site is covered with a canopy of old evergreen trees. The Then land around the caves is rocky. Rocky outcrops can be seen in parts
surrounding residential area also has a considerable green cover. of the Prohibited area.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Contour map showing the site in the larger context of the hills and the two rivers.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

3.3.5. Infrastructure

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

Infrastructure Parking is a major problem in the area. Positive Impact: Service ducts and pipelines to follow restrictions on
Virtually all streets have off street parking excavation.
Since it is a planned area, all
that is almost full at all times. The traffic
service lines are planned and laid No solid waste storage and collection centres
has increased so much that major roads
underground. permitted in Prohibited Area.
have been designated as one ways. There is
a lot of traffic generated noise and smoke. Services are adequate for the No road/ rail building activity that violates
current occupancy. excavation norms stated above.
Being a planned area for most part, the
water and drainage lines laid Service lines are maintained and Any transport plan that will in effect increase the
are
underground and supply each plot of land. any break or leak or spill is traffic load on the roads in the Prohibited Area is
With the increase in the occupancy of the attended to. not allowed.
area, the old service lines will soon be
Negative Impact: No road widening in the Prohibited Area.
needed to be replaced with larger ones.
With the development area, more Parking facilities for occupants and visitors inside
services will be needed and that the premises of all buildings to be made
would entail excavation for laying compulsory.
down service lines.
No overhead cables of any kind permitted.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Parking requirement is increasing

day by day and road sides are filled
with parking. Parking facilities
inside building premises are highly
inadequate.

3.3.6. Architecture

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

Architecture Development Plan shows the site as Prohibited Area:

classified into a ‘Green’ landuse. The areas
Landuse to remain strictly residential, institutional
around the site shows plotted residential
(semi- public) or green and not to be converted to
development in the immediate vicinity.
any other landuse. FAR not be increased beyond
Major area around the site is institutional.
the existing 1 even in the Gaothan area. Ground
A part of the Bhamburda Gaothan falls
coverage restrictions to remain as per current
within the restricted area. FAR permissible
development plan while height to be restricted to
in the area is 1 while that in the Gaothan is

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

1.5. Ground coverage is 50% while that in 12m.

the Gaothan is 66%. Permissible max
No road widening is allowed. Flyover/ grade
heights are 30 m and 24 m in the other area
separator elevated metro track/ monorail track, etc.
and the Gaothan area respectively.
not to be allowed in the prohibited area.
For description of the surrounding
buildings, refer to 3.2 above.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Construction work in progress as per the PMC’s DC rules in the Another one of the new buildings opposite the site in the Prohibited area.
Restricted area. Highrises like this are questionable keeping in view the Permissions to these buildings are a mystery to the general citizen who is
visual environment, excavation required and traffic generated by them. aware of the Prohibited and Restricted zones.

3.3.7. Visual analysis

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

PARAMETER DESCRIPTION IMPACT SUGGESTED STRATEGY

Visual The site is a rock cut cave sculpted in an Prohibited Area:

Analysis outcrop of basaltic rock that very slightly
The buildings built on plots sharing a boundary
rises above the surrounding ground. The
with the site thereby affecting the visual experience
cave is made such that the rock is cut into a
of the site to leave a setback of 6m from the site
huge pit and then the cave is dug within
boundary and a height of not more than 9m.
the remaining rock from that sunken level.
Thus from the surrounding ground, one The building heights in the prohibited area not to
does not notice any trace of a man made go beyond 16m.
structure. The appearance from the road is
The buildings masses need to be such that they do
that of a rocky outcrop with a large canopy
not overpower the view of the cave temple from its
of trees. The sunken level is seen from the
approach road. The elevations and materials also
higher ground of the adjacent Jangali
need to be used in a way that they do not take away
Maharaj temple which also is characterised
from the visual experience of the site.
by thick and green vegetation and un-built
grounds. The views form the site are those The building design needs to be approved by the

of the residential buildings on its periphery ASI for its massing, material and finishes and for

that are at a higher level than the site and its compliance with the other restrictions.

that of the Jangali Maharaj road on one

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

side. The immediate vicinity is visually Restricted Area:

quite contrasting with the site. The Jangali
The visual contours of the surrounding area need to
Maharaj road has commercial and mixed
be preserved.
use buildings that range visually from non-
descript modern to jarring glass façade Buildings not to exceed a height of 21m in the
boxes. Restricted Area inclusive of all building elements.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

The site is hardly recognisable from the main road since it is an The entry to the site does not have any spill-over space on the footpath.
underground structure. It is further obscured due to parking, hoardings In fact, most of the times, the footpath is encroached by vehicular
and general disorganised road edge. parking. There is no signage to announce the site.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

The cave being below the surrounding ground level is not visible even The surrounding buildings as seen from near the entry to the site.
from inside the site till from a few meters of the steps that lead the visitor
down.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

From the sunken court of the temple, the compound wall of the adjacent On the northern edge of the site are G+1 bungalows. These are not very
Jangali Maharaj temple is seen on the southern side. conspicuous from the sunken court.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

The tree cover conceals the unsightly views around the site to a great The buildings on the adjacent plots mar the ambience of the cave temple.
extent.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Immediately outside the site are new buildings disparate with each other A petrol pump and rear side of the bus stop as seen from the site.
as well as the context of the place.

3.3.8. Administration – Roles and responsibilities of different local authorities, departments, NGOs etc.

44
CHAPTER 4

4.1. Rationale for redefining the regulated areas

The 100m and 300 m circles intersect most plot or road lines such that only parts of these fall in
the prohibited or regulated zone. This creates confusion of what and whether the stated
regulations apply to them. To avoid this confusion, it is proposed to revise the marker lines such
that they include the entire plot that they cross. The inclusion happens such that all the plots that
are partly in the prohibited zone and partly in the restricted zone get fully included in the
prohibited zone. The plots that are partly in the restricted zone and partly in the area beyond that
get fully included in the restricted zone.

The restricted area of Pataleshwar also includes a portion of an urban village or ‘Gaothan’. It is
proposed that for the sake of uniform application of the regulations, the entire ‘Gaothan’ of
Bhamburda/ Shivajinagar be brought under the restricted area.

The northern edge of the restricted area passes through the middle of the Ganeshkhind road. It is
proposed that the full width of this road from its junction with the Jangali Maharaj Road to its
junction with the Shivaji Road be brought under the restricted area.

4.2. Sub zoning of prohibited and regulated areas.

The Bhamburda (Shivajinagar) Gaothan due to its vernacular fabric and character and as a
historical settlement is considered as a subzone only for implementing Principles of Development
for subjects in addition to those covered in the byelaws made for the Prohibited and Restricted
Areas and stated in the Chapter 5 of this document.

4.3. Drafting of Heritage bye laws

Note: These regulations only cover those aspects of development that are connected with the
ASI site. All other regulations remain same as applicable according to the Pune Municipal
Corporation’s Development Control Rules. In case of conflict between the two, the Heritage
Regulations will prevail.

All development works, proposed constructions and building design needs to be approved
by the ASI for their massing, building processes and technology and material and finishes
and for its compliance with the other restrictions.

Landuse (Zoning):
 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Prohibited and Regulated Areas:

1. Only residential, public/ semi-public (educational, cultural, playground, garden or open
space) or green belt zoning is permitted. All other zoning including zoning for industrial
(including brick kiln), public/ semi-public (including traffic and transportation, shopping),
commercial, water body, agriculture, and others (including drainage treatment, octroi,
aerodrome) are not permitted.
2. Any other zones existing in the Prohibited and Regulated Area should be converted to
permitted zoning listed in (1) above.
3. Conversion of existing public- semi-public or green zones to residential not permitted.
4. No change in residential zoning is permitted. Mixed use development is to be restricted
only to plots abutting Jangli Maharaj road and fully contained in the Bhamburda
(Shivajinagar) gaothan as demarcated by the Pune Municipal Corporation. Mixed use
should consist of 75 % Residential Use and 25 % Commercial Use in terms of built area
usage. Permitted commercial uses in residential buildings are to be referred from the bye
laws of the Pune Municipal Corporation.
5. The maximum tenement density of the area should not exceed 120 tenements per hectare
while that of the Bhamburda (Shivajinagar) gaothan it could be relaxed to 250 tenements
per hectare.
6. No subdivision of land is allowed in the Prohibited and Regulated Areas.

Building Control:

Prohibited Area:

For Projects mentioned in the Ancient Monuments and Archaeological Sites and Remains
(Framing of heritage bye-laws and other functions of the competent authority) Rules, 2011 in rule
6 (category I):
1. Maximum Permissible FSI is 1
2. Height restriction inclusive of all building elements is 9 m from natural ground of the plot.
For plots abutting the Protected Area, height restriction is 6 m from the natural ground of
the plot.
3. Ground Coverage is 50% maximum.
4. No TDR is to be used in this area.
5. All new buildings to have adequate parking in their own premises as per PMC norms.
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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

6. No excavation over 1.5 m permitted for building foundations or any other purpose. In no
case should excavation in hard rock go more than 0.9 m in depth. Excavation is to be only
done with non-vibrating hand tools. No use of blasting of any kind is permitted for
excavation. No excavation of any kind to be done in a 6 m wide area abutting the
boundary of the protected site and especially where the rock contiguous with the caves is
found.
7. The buildings built on plots sharing a boundary with the site to leave a setback of 6m from
the site boundary and a height not more than 9 m.

For Repair and Renovation Projects mentioned in the Ancient Monuments and Archaeological
Sites and Remains (Framing of heritage bye-laws and other functions of the competent authority)
Rules, 2011 in rule 6 (category VI):
1. Recurring repairs and maintenance items like colouring, polishing, surface cleaning,
surface water-proofing, plumbing and drainage on the consumer side of the municipal
connection, electric cabling on the consumer side from the electric meter, cleaning and
replacing of roof tiles, window panes, surface cladding with the same material, and repairs
to window/ door/ balcony grills may be carried out with a one- time permission without
changing the specifications mentioned in the one-time permission.
2. Repairs and renovation items excluding structural repairs are permissible if:
a. They do not increase the footprint or height of the building.
b. They do not increase the number of usable storeys of the building including
terraces
c. They do not alter the ground levels nor disturb natural surface water drains.
d. They do not cause structural damage to the building.
e. They do not change the residential use of the building by altering its essential parts
to function as one.

3. Structural repairs and renovation is permissible if:

a. They do not increase the footprint or height of the building.
b. They do not increase the number of usable storeys of the building including
terraces.
c. They do not alter the ground levels nor disturb natural surface water drains.
d. They do not put the building at risk of part or complete collapse.
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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

e. They do not entail any excavation below the permissible limits in the prohibited
area as stated below:
i) No excavation to go more than 1.5 m in depth from the natural
surface of the surrounding ground.
ii) In no case should excavation in hard rock go more than 0.9 m in
depth.
iii) Excavation is to be only done with non-vibrating hand tools. No
use of blasting of any kind is permitted for excavation.
iv) No excavation of any kind to be done in a 6 m wide area abutting
the boundary of the protected site and especially where the rock
is contiguous with the caves.
f. They do not change the residential use of the building by altering its essential parts
to function as one.
4. If any building within the Prohibited area is designated as a Heritage building by any
Government department including the Municipal Corporation, a concession may be given
in the above provisions only for items that will help protect the heritage value of the
building and increase its life.

Regulated Area:

For Projects mentioned in the Ancient Monuments and Archaeological Sites and Remains
(Framing of heritage bye-laws and other functions of the competent authority) Rules, 2011 in rule
6 (category V and VII):
1. Maximum Permissible FSI is 1
2. Height restriction inclusive of all building elements is 16 m from natural ground of the
plot.
3. Ground Coverage is 50% maximum.
4. No TDR is to be used in this area.
5. All new buildings to have adequate parking in their own premises as per PMC norms.
6. No excavation over 4.5 m depth is permitted for any purpose including foundations and
basements. Excavation is to be only done with non-vibrating hand tools. No use of
blasting of any kind is permitted for excavation.

Infrastructure:
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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Prohibited and Restricted Areas:

For Projects mentioned in the Ancient Monuments and Archaeological Sites and Remains
(Framing of heritage bye-laws and other functions of the competent authority) Rules, 2011 in rule
6 (category II):
1. No habitable superstructure is permitted.
2. Height restriction inclusive of all building elements as well as other movable and
immovable components is 9 m.
3. Ground coverage is 25% maximum including underground and above ground
construction.
4. No TDR that may be generated from any projects in the prohibited and restricted area
can be used in these areas. No other TDR too can be used in both the prohibited and
restricted areas.
5. No excavation to go more than 1.5 m in depth from the natural surface of the
surrounding ground. In no case should excavation in hard rock go more than 0.9 m in
depth. Excavation is to be only done with non-vibrating hand tools. No use of blasting
of any kind is permitted for excavation. No excavation of any kind to be done in a 6 m
wide area abutting the boundary of the protected site and especially where the rock
contiguous with the caves is found.
6. No solid waste storage and collection centres are allowed in Prohibited Area.
7. No widening of the roads passing through the prohibited and restricted areas at least
till one junction beyond it
8. Footpaths to be at least 2.4m wide on both sides of major roads width more than 12 m
and 1.5 m wide on all minor roads (up to 12 m including 12 m).
9. No road/ rail building activity that violates excavation norms stated above in (5). No
overhead road/ rail or any other means of transport permitted in the Prohibited Area.
10. No overhead cables of any kind permitted.

Other Regulations:

Other regulations as per The Second Schedule of the Ancient Monuments and Archaeological
Sites and Remains (Framing of heritage bye-laws and other functions of the competent authority)
Rules, 2011:

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Prohibited Area:
1. Construction or installation of any temporary nature but which involves excavation below
0.6 m below existing ground surface or to any depth in the rock strata is not allowed.
2. Any form of activity that generates noise more than 70-80 dB inside the Protected Area or
more than 40-50 dB inside the actual monument is not allowed.
3. Underground or overhead metro/ monorail/ skybus, flyovers or any other modes of
transport that entails construction other than surface roads is not allowed in the prohibited
area. No grade separator entailing excavation in hard rock is allowed in the prohibited
area. No mode of transport that sets in vibrations or emits smoke or noise above accepted
levels of pollution that may affect the rock strata of the cave is permitted.
4. A no parking zone of 10m on either side of the entrance to the site. Surface parking space
exclusively reserved for visitors of the site to be created near the site in the prohibited area
and a safe pedestrian link between the parking and the site to be provided.
5. Land adequate for setting up tourist facilities and a site office needs to be legally acquired
in the Prohibited Area and the facilities built.
6. All excavation to be carried out only by traditional hand tools. No blasting or machine
breaking technique to be used.
7. No permission for earth work that:
1. Changes the natural ground level by more than 1m
2. Alters the natural slope of the land
3. Alters the water drainage pattern of the area
4. Alters the water table of the area
5. Alters the composition of the natural strata
8. No altering of the hard rock strata for any purpose including landscaping or road making is
permitted.
9. No artificial recharging of the aquifer is permitted.
10. Any transport plan that will in effect increase the traffic load on the roads in the Prohibited
Area is not allowed.
11. The buildings masses need to be such that they do not overpower the view of the cave
temple from its approach road. The elevations and materials also need to be used in a way
that they do not take away from the visual experience of the site.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

12. No sky signs, neon signs or hoardings of any kind including traffic directing overhead
signboards to be permitted. Only signboards on buildings such as not to mar the building’s
elevation are permitted for activities carried out in that particular building.
13. No permanent floodlighting or high-mast lighting is permitted except for that which is
used to light road junctions.
14. No tolerance zone for hawking.

Regulated Area:
1. Temporary installations may be permitted provided they do not require excavation more
than 1m below existing ground level.
2. Any form of celebration/ event/ activity that increases noise beyond 70- 80 dB in the
Protected Area and 40-50 dB inside the actual monument is not allowed.
3. Underground or overhead metro/ monorail/ skybus, flyovers, grade separators or any other
modes of transport that entails excavation in the hard strata is not allowed in the Restricted
Area. No mode of transport that sets in vibrations or emits smoke or noise above accepted
levels of pollution that may affect the rock strata of the cave is permitted.
4. All excavation to be carried out only by traditional hand tools. No blasting or machine
breaking technique to be used.
5. No permission for earth work that:
1) Changes the natural ground level by more than 1m
2) Alters the natural slope of the land
3) Alters the water drainage pattern of the area
4) Alters the water table of the area
5) Alters the composition of the natural strata
6. No altering of the hard rock strata for any purpose including landscaping or road making is
permitted.
7. No artificial recharging of the aquifer is permitted.
8. The buildings masses need to be such that they do not overpower the view of the cave
temple from its approach road. The elevations and materials also need to be used in a way
that they do not take away from the visual experience of the site.
9. No sky signs, neon signs or hoardings of any kind including traffic directing overhead
signboards to be permitted. Only signboards on buildings such as not to mar the building’s
elevation are permitted for activities carried out in that particular building.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

CHAPTER 5 – Guidelines and Recommendations

Guidelines for all works in the Bhamburda (Shivajinagar) Gaothan area (entire area as
marked in the Pune Municipal Corporation’s Development Plan).

The following Principles are formulated for all works to be carried out in the Bhamburda
(Shivajinagar) Gaothan area. These are not wishful ideals but should be used as criteria for
approving any works. It is suggested that all works satisfy all the criteria applicable.

1. Celebrating and respecting the vernacular architecture along with the fabric of the
traditional area.
2. Creating a contextually sensitive built form that refrains from pastiche.
3. Using durable, permanent and timeless materials for building.
4. Maintaining and creating coherent streetscapes and enhancing the pedestrian experience
on the streets.
5. Enhancing physical definition of streets and public spaces and making them places of
shared use.
6. Ensuring a mixed use development integrating residential, commercial and cultural use.
7. Providing broad range of housing types.
8. Maintaining a humane scale of built and open spaces.
9. Preserving the existing quietness of the area.
10. Creating built and un-built spaces that are safe and secure throughout the day and night for
all.
11. Ensuring development that enhances the community identity of the occupants of the area.
12. Integrating public art and culture in the overall development.
13. Adopting sustainability as an integral part of all works.

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Formulated by: Ar Sharvey Dhongde, INTACH Pune Chapter

Consultants: Ar Rajiv Raje, Ar Ravi Patwardhan, Ar Hemant Sathe, Ar Chetan Sahasrabudhe,

and Sanjay Deshpande

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 Heritage Bye laws for Prohibited & Regulated areas of Pataleshwar Caves, Pune

Prepared by

Indian National Trust for Art and Cultural Heritage

71, Lodi Estate

New Delhi – 110003

54